Thermal Imaging Camera Hire - Terms and Conditions

Agreed Terms

1. Interpretation
   1. The following definitions and rules of interpretation apply in this agreement.
      1. Infrared Thermal Imaging Camera Handheld ITC629, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
      2. Period: the period of hire as set out in clause 3.
      3. Period: the period during which the Equipment is at the sole of the risk of the Lessee as set out in clause 4.2.
      4. Loss: due to the Lessee's default the Equipment is, in the Lessor's reasonable opinion, damaged beyond repair, lost, stolen, seized or confiscated.

2. Equipment hire

The Lessor shall hire the Equipment to the Lessee subject to the terms and conditions of this agreement.

3. Rental Period

The Rental Period starts on the collection or drop off date and shall continue for a period of two weeks unless and until this agreement is terminated earlier in accordance with its terms

4. Title, risk and insurance

1. The Equipment shall at all times remain the property of the Lessor, and the Lessee shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of this agreement)
2. The risk of loss, theft, damage or destruction of the Equipment shall pass to the Lessee on delivery. The Equipment shall remain at the sole risk of the Lessee during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Lessee (Risk Period) until such time as the Equipment is redelivered to the Lessor. During the Rental Period and the Risk Period, the Lessee shall, at its own expense, ensure the Equipment is adequately insured to a value not less than its full replacement value.
3. The Lessee shall give immediate written notice to the Lessor in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Lessee's possession or use of the Equipment.
4. If the Lessee fails to effect or maintain the insurance required under this agreement, the Lessor shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Lessee.​​​​​

5. Lessee's responsibilities

1. The Lessee shall during the term of this agreement:
   1. ensure that the Equipment is kept and operated in a suitable environment for which it is designed, and operated in a proper manner;
   2. maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on the delivery date (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;
   3. make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment;
   4. keep the Lessor fully informed of all material matters relating to the Equipment;
   5. maintain operating records of the Equipment;
   6. not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment;
   7. not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses [reasonably] incurred as a result of such confiscation;
   8. not use the Equipment for any unlawful purpose;
   9. ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;
   10. deliver up the Equipment at the end of the Rental Period at such address as the Lessor requires; and
   11. not do or permit to be done anything which could invalidate the insurance referred to in clause 4.2.
   12. The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee.

6. Limitation of liability

1. The restrictions on liability in this clause 6 apply to every liability arising under or in connection with this agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    
2. Nothing in this agreement limits any liability which cannot legally be limited including liability for:
   1. death or personal injury caused by negligence;
   2. fraud or fraudulent misrepresentation;
   3. any matter in respect of which it would be unlawful for the parties to exclude or restrict liability.
       
3. Subject to clause 6.2, the Lessor shall not be liable under this agreement for any:
   1. loss of profits;
   2. loss of sales or business;
   3. loss of agreements or contracts;
   4. loss of anticipated savings;
   5. loss of use or corruption of software, data or information;
   6. loss of or damage to goodwill; and
   7. indirect or consequential loss.
       
4. Subject to clause 6.2, all implied terms and conditions as to the quality or performance of the Equipment and any other goods or services provided under this agreement are, to the fullest extent permitted by law, excluded from this agreement.

7. Termination

1. The Lessor may terminate this agreement with immediate effect by giving notice to the Lessee if the Lessee commits a material breach of any other term of this agreement.
2. Notwithstanding clause 7.1, the Lessor at its sole discretion may terminate this agreement at any time.

8. Consequences of termination or expiry

1. On expiry or termination of this agreement, however caused:
   1. the Lessor's consent to the Lessee's possession of the Equipment shall terminate;
   2. the Lessor may, by its authorised representatives, without notice and at the Lessee's expense, retake possession of the Equipment; and
   3. without prejudice to any other rights or remedies of the Lessee, the Lessee shall pay to the Lessor on demand:
      1. any costs incurred by the Lessor in recovering the Equipment.

9. Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties.